Postnuptial Agreement

In New York, postnuptial agreements are specifically authorized by Domestic Relations Law §236(B)(3). A postnuptial agreement is a contract entered into by a husband and wife during their marriage, usually to address issues such as support, ownership, and distributions of property in the even the marriage later ends in divorce.

A postnuptial agreement can also help minimize the time and money expended in legal proceedings should a marriage end in divorce. Like prenuptial agreements, postnuptial agreements further a public policy in favor of allowing families to resolve issues of support and property division without judicial intervention.

Generally, the Courts will determine that a postnuptial agreement is valid and enforceable, provided that the agreement complies with certain formal and substantive requirements.